Illinois General Assembly - Full Text of HB0206
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Full Text of HB0206  93rd General Assembly

HB0206 93rd General Assembly


                                     LRB093 04398 MKM 04448 b

 1        AN ACT concerning domestic violence.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Police Training Act  is  amended
 5    by adding Section 15 as follows:

 6        (50 ILCS 705/15 new)
 7        Sec. 15.  Domestic violence instruction.
 8        (a)  The  Board  shall  implement  by  January 1, 2004, a
 9    course or courses of instruction  for  the  training  of  law
10    enforcement  officers in Illinois in the handling of domestic
11    violence complaints and also shall develop guidelines for law
12    enforcement response to domestic  violence.   The  course  or
13    courses  of  instruction  and  the  guidelines  shall  stress
14    enforcement of criminal laws in domestic violence situations,
15    availability  of  civil remedies and community resources, and
16    protection of the victim.  Where  appropriate,  the  training
17    presenters  shall  include  domestic  violence  experts  with
18    expertise  in  the  delivery of direct services to victims of
19    domestic violence, including using the staff of shelters  for
20    battered women in the presentation of training.
21        (b)  The  course  of  basic  training for law enforcement
22    officers and the  guidelines  for  law  enforcement  response
23    shall,  no  later  than  January  1,  2004,  include adequate
24    instruction in the following procedures and techniques:
25             (1)  the legal duties imposed on police officers  to
26        make   arrests   and   offer  protection  and  assistance
27        including guidelines for making  felony  and  misdemeanor
28        arrests;
29             (2)  the   techniques   for  handling  incidents  of
30        domestic violence that minimize the likelihood of  injury
31        to the officer and that promote the safety of the victim;
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 1             (3)  the nature and extent of domestic violence;
 2             (4)  the legal rights of, and remedies available to,
 3        victims of domestic violence;
 4             (5)  the  use  of an arrest by a private person in a
 5        domestic violence situation;
 6             (6)  the documentation, report writing, and evidence
 7        collection on incidents of reported domestic violence;
 8             (7)  the  tenancy  issues  arising   from   domestic
 9        violence;
10             (8)  the  impact  of law enforcement intervention in
11        domestic violence on children;
12             (9)  the  services  and  facilities   available   to
13        victims and batterers;
14             (10)  the   use  and  application  of  the  Illinois
15        Domestic  Violence  Act  of  1986  in  domestic  violence
16        situations;
17             (11)  the verification and enforcement of  temporary
18        restraining  orders  when (i) the suspect is present, and
19        (ii) the suspect has fled;
20             (12)  the verification and enforcement of protective
21        orders; and
22             (13)  the emergency assistance to victims and how to
23        assist victims in pursuing criminal justice options.
24        (c)  Local law enforcement  agencies  are  encouraged  to
25    include periodic updates and training on domestic violence as
26    a part of their advanced officer training program.  The Board
27    shall assist where possible.
28        (d)  The   course   of   instruction,  the  learning  and
29    performance objectives, the standards for the  training,  and
30    the   guidelines   shall   be  developed  by  the  Board,  in
31    consultation with appropriate groups and  individuals  having
32    an  interest and expertise in the field of domestic violence.
33    The groups and individuals shall include, but  shall  not  be
34    limited  to:   one  representative  each  from  the following
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 1    entities:  Administrative Office of the Illinois Courts,  the
 2    Department  on  Aging,  the Department on Children and Family
 3    Services, the Illinois Coalition Against  Domestic  Violence,
 4    the  Illinois  Coalition Against Sexual Assault, the Illinois
 5    Council for the Prevention of Violence, the Illinois Criminal
 6    Justice Information  Authority,  the  Illinois  State  Police
 7    Academy,  the  Office of the Attorney General, and the Office
 8    of the State's Attorneys Appellate Prosecutor.  At least  one
 9    of  the persons selected shall be a former victim of domestic
10    violence.
11        The  Board,  in  consultation  with  these   groups   and
12    individuals,  shall  review  existing  training  programs  to
13    determine  ways  domestic violence training might be included
14    as a part of ongoing programs.
15        (e)  Each law enforcement  officer  who  is  assigned  to
16    patrol duties and would normally respond to domestic violence
17    calls or incidents of domestic violence shall complete, every
18    2  years,  an  updated  course  of  instruction  on  domestic
19    violence  that  is  developed  according to the standards and
20    guidelines issued  under  subsection  (d).   The  instruction
21    required  under this subsection shall be funded from existing
22    resources available for  the  training  required  under  this
23    Section.   It  is  the  intent of the General Assembly not to
24    increase  the  annual  training  costs  of  local  government
25    entities.

26        Section 10.  The Illinois Domestic Violence Act  of  1986
27    is amended by changing Section 303 as follows:

28        (750 ILCS 60/303) (from Ch. 40, par. 2313-3)
29        Sec. 303.  Reports by law enforcement officers; recording
30    domestic violence calls for assistance; annual report.
31        (a)  Every   law  enforcement  officer  investigating  an
32    alleged incident of abuse, neglect, or  exploitation  between
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 1    family  or  household  members  shall  make  a written police
 2    report of any bona fide allegation  and  the  disposition  of
 3    such  investigation.   The  police  report  shall include the
 4    victim's statements as to the frequency and severity of prior
 5    incidents of abuse, neglect,  or  exploitation  by  the  same
 6    family or household member; and the number of prior calls for
 7    police  assistance to prevent such further abuse, neglect, or
 8    exploitation; and the  observation  of  any  signs  that  the
 9    alleged  abuser  was  under  the  influence  of  alcohol or a
10    controlled substance.
11        (b)  Every  police  report  completed  pursuant  to  this
12    Section shall be recorded and compiled as  a  domestic  crime
13    within   the   meaning   of   Section  5.1  of  the  Criminal
14    Identification Act.
15        (c)  Each law enforcement agency shall develop  a  system
16    by  January  1,  2004,  for  recording  all domestic violence
17    related calls for assistance made  to  the  agency  including
18    whether  weapons are involved.  All domestic violence related
19    calls for assistance  shall  be  documented  with  a  written
20    incident report, as described in subdivision (a), identifying
21    the domestic violence incident.  The total number of domestic
22    violence  calls  received  and  the  number  of  those  cases
23    involving  weapons  shall  be  compiled  monthly  by each law
24    enforcement agency and submitted to the Attorney General.
25        (d)  The Attorney General shall report  annually  to  the
26    Governor,  the  General  Assembly,  and  the public the total
27    number  of  domestic  violence  related  calls  received   by
28    Illinois  law  enforcement  agencies,  the  number  of  cases
29    involving  weapons,  and  a  breakdown  of  calls received by
30    agency, city, and county.
31    (Source: P.A. 86-542; 87-1186.)